What You Should Know About Contested vs. Uncontested Divorce

The process of divorce can be complex and harrowing. Because it is often an emotional and stressful time for the involved parties, details can sometimes slip through the cracks.

Additionally, there is a tendency for people to believe that there is only one path the procedure can take. In reality, there are different types of divorce, and the particulars can vary by state. Which divorce track is appropriate for a given situation depends on the standpoint of the particular divorcing spouses. One important distinction to consider is whether the divorce is going to be contested or uncontested.

No Agreement on Terms

A contested divorce occurs when the spouses are unable to agree in some regard. It’s possible that one party is not in favor of the divorce occurring in the first place. It might be the case that they believe it’s not too late to save the marriage. In other instances, they might not wish to grant their marriage partner a divorce. Due to the fact that Michigan is a no-fault divorce state, only one spouse needs to desire divorce for it to occur, and they needn’t provide a reason why they believe the divorce should be granted.

Assuming the parties both want the divorce, a contested divorce occurs when the couple can’t agree on the individual terms. Perhaps they have a disagreement regarding who should be granted custody of the children. Visitation rights could also be a factor, as could the terms of alimony or the division of assets.

When couples are unable to agree to terms, they will often seek mediation outside of the court through the guidance of a third party. Hopefully, they’re able to come to some sort of a compromise through this effort. If they cannot, however, the case will need to go before a judge. 

The Simpler Alternative: Uncontested Divorce

If the divorcing couple is fortunate enough to agree to the terms of the divorce, they can choose to proceed with an uncontested divorce. This type of divorce can be completed in a much more expeditious manner and will be less costly as well. The party that files for divorce must have been a resident of Michigan for at least the previous 180 days in order to do so.

Don’t Do It Alone

It’s important to keep in mind that even in the case of an uncontested divorce, the parties would be wise to have legal counsel. If the legal process is not handled correctly, there can be headaches down the road as a result. 

Another factor to consider is that divorces take time. Over the course of the process, circumstances can change and one or both spouses might change their mind with regard to one or more particulars of the settlement. The divorce might then become contested.

Seeking Help When the Time Comes

If you’d like more information on this matter or if you have questions about the divorce process in Michigan, simply contact the legal team at Gucciardo Law Firm by calling (248) 723-5190.